Worker

Employer

Anonymised Parties

A Decontamination Lead

A Dentistry

Representatives

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00001034

17/01/2023

The worker referred a dispute to the Workplace Relations Commission (WRC) complaining of rude and inappropriate treatment at the hands of management over a period of several years. The worker’s employment ended on 9 January 2023. The employer refuted this claim and argued that all staff were treated fairly.

The worker described the work environment as toxic and stressful. She gave the following examples of inappropriate treatment of her by management.

Issue 1: The worker described never feeling comfortable in the presence of a manager (“Ms X”). The worker stated that she felt Ms X was passive aggressive towards her. The worker gave an example of being asked to empty bins while others were allowed to go home. The worker confirmed to the hearing that she did not utilise the grievance procedure or make a complaint against Ms X at any time during her employment.

Issue 2: The worker described an incident which occurred approximately one and a half years ago when a worker employed by an orthodontic business (a separate legal entity but which operates from the same premises as the dentistry) followed her to the female locker room and shouted in her face. The worker stated that the HR & Business Manager invited her to make a formal complaint. After the worker made this complaint, she received an apology from the manager of the worker concerned but no formal investigation took place. The worker confirmed to the hearing that she did not follow up on her complaint at that time.

Issue 3: The worker described how five years previously she had been pushed out of a role because the brother of a manager was given preference for the role. The worker confirmed to the hearing that this matter had been resolved by the employer after she expressed her dissatisfaction.

The Adjudication Officer asked the worker what resolution she was looking for given that she no longer worked for the employer. The worker stated that management should be more open to suggestions from workers. An ‘employee suggestion box’ had been introduced but management ignored the suggestions. The worker also stated that management should be more approachable and open to hearing staff complaints.

The employer stated that all complaints from staff are acted on and that all staff were treated fairly. The employer had a grievance procedure in place which was given to all workers on the commencement of employment. The employer outlined that management’s door is always open, and that the worker could have utilised the grievance procedure at any time during her employment.

Issue 1: The employer stated that the worker never made a complaint about Ms X during her employment.

Issue 2: The employer confirmed that the worker was invited to make a formal complaint to HR regarding the incident involving the worker of the separate legal entity. This complaint was then passed to that legal entity to deal with the matter. The worker received an apology from a manager of that business. The employer cannot investigate alleged wrongdoing of a worker employed by a different legal entity.

Issue 3: This issue was resolved to the satisfaction of the worker at the time.

The employer confirmed to the hearing that there is no training provided to staff in relation to the company grievance procedure, but that the employer was open to doing so.

In conducting my investigation, I have considered all relevant submissions presented to me by the parties. The worker is no longer in the employment of the employer. The worker described an unpleasant work atmosphere. This is disputed by the employer. I note in relation to Issue 1 that the worker did not make an informal or formal complaint in relation to the alleged conduct of Ms X when she was in employment. In relation to Issue 2, it is important that the employer recognises that it has an obligation to do all that is reasonably practicable to prevent improper conduct or behaviour. This extends not only to preventing such behaviour from fellow employees, but also non-employees such as clients, customers, and business contacts whom the worker may encounter in the normal course of their duties. In relation to Issue 3, I note that this issue was resolved to the worker’s satisfaction at the time.

I recommend that the employer provides training to all staff on the informal and formal resolution of employee complaints within 3 months of this recommendation. This training should include reference to the procedures for the resolutions of complaints both under the grievance procedure and the dignity at work procedure. I further recommend that the employer undertake training with all members of the management team on the obligations that fall on them arising from its own internal processes relating to the management of disputes and grievances.

Grievance procedure.